# C_2007155EN.01001001.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/10 |
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7.7.2007

EN

Official Journal of the European Union

C 155/10

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Action brought on 11 April 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-196/07)

(2007/C 155/18)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: V. Di Bucci and E. Gippini Fournier, Agents)

Applicant:

Defendant: Kingdom of Spain

Defendant:

Form of order sought

| — | declare that by not withdrawing without delay a number of conditions imposed by the decision of the National Energy Committee (CNE) (conditions 1 to 6, 8 and 17) which were declared incompatible with Community law by Article 1 of the Commission Decision of 26 September 2006 (Case No COMP/M.4197 — E.ON/Endesa — C(2006)4279 final) and by not withdrawing by 19 January 2007 a number of conditions imposed by decision of the Ministry (amended conditions 1, 10, 11 and 15) which declared incompatible with Community law by Article 1 of the Commission Decision of 20 December 2006 (Case No COMP/M.4197 — E.ON/Endesa — C(2006)7039 final), the Kingdom of Spain has failed to fulfil its obligations under Article 2 of both decisions; |
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declare that by not withdrawing without delay a number of conditions imposed by the decision of the National Energy Committee (CNE) (conditions 1 to 6, 8 and 17) which were declared incompatible with Community law by Article 1 of the Commission Decision of 26 September 2006 (Case No COMP/M.4197 — E.ON/Endesa — C(2006)4279 final) and by not withdrawing by 19 January 2007 a number of conditions imposed by decision of the Ministry (amended conditions 1, 10, 11 and 15) which declared incompatible with Community law by Article 1 of the Commission Decision of 20 December 2006 (Case No COMP/M.4197 — E.ON/Endesa — C(2006)7039 final), the Kingdom of Spain has failed to fulfil its obligations under Article 2 of both decisions;

| — | order the Kingdom of Spain to pay the costs. |
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order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The Spanish authorities have not withdrawn a number of conditions imposed by the decision of the CNE (conditions 1 to 6, 8 and 17) which were declared incompatible with Community law by Article 1 of the Commission Decision of 26 September 2006 and have not withdrawn the amended conditions imposed by decision of the Ministry (amended conditions 1, 10, 11 and 15) which were declared incompatible with Community law by Article 1 of the second Commission Decision of 20 December 2006.

The first decision required that the Kingdom of Spain withdraw the conditions in question ‘without delay’. Upon expiry of the period prescribed by the Commission for compliance with the reasoned opinion, almost six months had elapsed since the notification of the first decision, so that it is clear that the Kingdom of Spain had not complied ‘without delay’ with the obligation imposed by Article 2.

The deadline of 19 January 2007 for compliance with the Commission's second decision expired without the Kingdom of Spain having withdrawn the conditions declared by that decision to be incompatible with Community law.

It follows that the Kingdom of Spain has failed to comply with Article 2 of the Commission's first decision and with Article 2 of its second decision.

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